Whether change to proposed development a minor change
– multi-unit dwelling – words and phrases
"substantial" - s.350 Sustainable Planning Act
2009
Facts: This was an Application for Orders that
changes to a development proposal constituted a minor change for
the purpose of s.350 of SPA.
The appeal concerned an Application for a multi-unit dwelling.
The more substantive changes were identified as the reduction in
the number of storeys from 6 to 4, a reduction in the number of
units from 6 to 4, and a reduction in GFA of about 32%.
Decision: The Court held that the changes to
the proposed development were a minor change:
- While there was reference to "additional"
impacts in the Statutory Guideline, when reference was made to the
scale, bulk and appearance of a development it was not restricted
to only increases, but was concerned with changes to the built form
in terms of scale, bulk and appearance.
